Lynch v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Palo Pinto. Tried below before Hon. J. S. Straughan. Appeal from a conviction for forgery by alteration of a written instrument; penalty, two years imprisonment in the penitentiary. A motion to quash the indictment for want of explanatory and innuendo averments was overruled in the lower court, as was also defendant’s motion in arrest of judgment which was based upon the insufficiency of the indictment.
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Appeal from the District Court of Palo Pinto. Tried below before Hon. J. S. Straughan. Appeal from a conviction for forgery by alteration of a written instrument; penalty, two years imprisonment in the penitentiary. A motion to quash the indictment for want of explanatory and innuendo averments was overruled in the lower court, as was also defendant’s motion in arrest of judgment which was based upon the insufficiency of the indictment. The charging part of the indictment is set out in the opinion below.
1Opinion of the Court
HENDERSON", Judge.
Appellant was convicted of forgery, and his punishment assessed at two years confinement in the penitentiary, and he appeals.
Appellant made a motion to quash the indictment on the ground that it did not sufficiently charge an offense, in that there were no explanatory or innuendo averments to show that the instrument on which the forgery was declared imported an obligation. In order to present this question, we quote so much of the indictment as is necessary :
That Marshall Lynch, “without lawful authority, and with intent to defraud, did willfully and fraudulently alter an…
2Cases cited5 opinions
- Cagle v. StateCourt of Criminal Appeals of Texas · 1898
- Crawford v. StateCourt of Criminal Appeals of Texas · 1899
- Colter v. StateCourt of Criminal Appeals of Texas · 1899
- Womble v. StateCourt of Criminal Appeals of Texas · 1898
- Beasley v. StateCourt of Criminal Appeals of Texas · 1898
3Cited by9 opinions
- Reeseman v. StateCourt of Criminal Appeals of Texas · 1910
- Keagan v. StateCourt of Criminal Appeals of Texas · 1981
- Watson v. StateCourt of Criminal Appeals of Texas · 1917
- Joiner v. StateCourt of Criminal Appeals of Texas · 1904
- Garner v. StateCourt of Criminal Appeals of Texas · 1903
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